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PEOPLE v. RODRIGUEZ

13761/91, 802, 801.

138 A.D.3d 621 (2016)

28 N.Y.S.3d 873

2016 NY Slip Op 03242

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RODRIGUEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2016.

Order, Supreme Court, New York County (James M. Burke, J.), entered on or about December 22, 2014, which denied defendant's Correction Law § 168-o (2) petition to modify his sex offender classification from level three to level two, unanimously affirmed, without costs.

The court providently exercised its discretion in denying a modification. The mitigating factors cited by defendant, including his age and his positive...

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